Ethical Considerations When Switching Law Firms
I want to quit my law firm and take my clients with me. What ethical considerations are there in doing so? There are few direct answers in the Louisiana Rules …
Can a Lawyer Enter Into an Agreement Restricting a Person’s Ability to Report the Lawyer to the Office of Disciplinary Counsel?
No. A recent Illinois disciplinary decision addressed whether it was appropriate for a lawyer to include a “non-disclosure provision” in her engagement agreement. In that provision, the lawyer’s client agreed to …
Can I Scan My Closed Files and Shred the Paper?
Yes you can. A recent advisory opinion from Nebraska addressed this issue, and concluded that “given the impact of technology on how files can be retained, it is not reasonable …
How Long Must I Keep My Former Client’s File?
It depends. In deciding whether to discard a client’s file, a lawyer should consider the nature of the client, the matter, and the documents. Louisiana Rule 1.15(a) provides as follows: A lawyer shall hold …
ABA Formal Opinion: How to Withdraw Without Spilling Too Many Beans of Confidential Information
A lawyer who seeks to withdraw from the representation of a client involved in litigation typically must seek permission of the presiding tribunal to do so. Indeed, Rule 1.16, governing …
Must a Louisiana Lawyer Have Malpractice Insurance?
No, the Louisiana Supreme Court does not require Louisiana lawyers to carry malpractice insurance or to disclose whether they do so. More than 12 years ago, the American Bar Association …
What Should I Do With Unidentified Funds in My Trust Account?
The Louisiana Supreme Court amended Rule 1.15 in March 2016 to address this issue. The answer: “A lawyer who learns of Unidentified Funds in an IOLTA account must remit the funds …
May I Share a Legal Fee on a Matter on Which I Otherwise Would Have a Conflict?
The ABA Standing Committee on Ethics and Professional Responsibility on April 21, 2016, issued a formal opinion addressing whether a lawyer may share a legal fee on a matter when …
Does Vicarious Liability Exist Among Lawyers Sharing an Office?
Perhaps, according to a March 11, 2016, United States District Court opinion in Wildasin v. Mathes, Civ. No. 3:14-cv-2036 (M.D. Tn. Mar. 11, 2016). In Wildasin, three Nashville lawyers formed a …
What Portions of a Lawyer’s File Must Be Surrendered to the Client?
Your representation is over. Whether it ended through completion of the underlying matter or through your termination by the client, what portions of the file must you surrender to your client (or …